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Home My WebLink About2005-22 - Amending Section 10.50.020 of Chapter 10.50 of Title 10 of the NBMC, Pertaining to Offenses and Nuisances.ORDINANCE NO. 2005- 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.50.020 OF CHAPTER 10.50 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OFFENSES AND NUISANCES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach. Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 10.50.020 of Chapter 10.50 is hereby amended to read as follows: Section 10.50.020 Nuisance. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the City, to maintain, permit, cause or allow to exist on such premises, any of the following conditions: A. A fire hazard including but not limited to, any cut or uncut shrub, tree, grass, weeds, vines or other vegetation; combustible refuse or waste; or other flammable material which by reason of its size, manner of growth or location, constitutes a fire hazard to any structure, improvement or landscaping; B. Any swimming pool, spa, pond, fountain or other body of water which is allowed to become stagnant, unsanitary or unsafe or does not comply with the provisions of Chapter 15.09 of Newport Beach Municipal Code; C. The accumulation or storage of automobile parts, rubbish, trash, debris, rubble, broken - up asphalt, lumber, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal, trimmings from plants and trees, cans, bottles and barrels; D. Vegetation, including but not limited to trees, shrubbery, grass and plants which is overgrown, dead, decayed or diseased such that it may: 1. Impede or present a danger to pedestrian or vehicular traffic; or 2. Interfere with visibility on, or free use of, or access to, any portion of any public sidewalk, street, alley or right -of -way; or 3. Harbor rats, vermin, insects and other situations likely to cause a hazard to the public safety; E. Unsafe, unsightly, or poorly maintained property including but not limited to: 1. Storage or accumulation of household items, except furniture designed for outdoor use, barbecues and plants, on patios, roofs, balconies, and in yards in such a manner as to be visible from a public street, alley, sidewalk or other public right -of -way, 2. Private driveways or walkways maintained in an unsafe condition which create a hazard to pedestrians, 3. Outside storage of any whitegoods, whether operable or not, in any area accessible to children who are not under the care and supervision of the owner or person in charge of the property, 4. Broken windows, or doors, 5. The failure to secure and maintain from public access all doorways, or other openings into vacant or abandoned buildings or structures, 6. Buildings or structures which are partially destroyed, partially repaired, abandoned or which remain in the state of partial construction or disrepair for more than three months, unless the construction and repairs are being accomplished pursuant to an active, open building permit. 7. Buildings, walls, fences or structures upon which the condition of the paint or exterior finish has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation, 8. Any front yard or landscaped setback area which, due to the lack of turf, other planted material, decorative rock, bark or planted ground cover or covering causes excessive dust or allows the accumulation of debris, 9. Landscaping, grounds, walls, fences, driveways, parking lots, irrigation systems, or sidewalks which are maintained in such a condition so as to become defective, unsightly or unsafe, 10. Deteriorated parking lots, including those containing potholes, cracks, ponds or ridges, 11. Accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street, sidewalk, alleyway, or other public or private right -of -way, and 12. The use of materials other than glass (or other rigid transparent or semi- transparent material designed for permanent installation in a structure) as a replacement or covering of window panes. F. The existence of any unlawful encroachment including signs, play equipment, trash or vegetation, which obstructs or interferes with the free passage or use by the public, of any public sidewalk, street, alley, beach, or other public right -of -way, or which may impede emergency access; G. The use of any machinery or equipment which because of noise, odor, vibration, fumes or discharge constitutes a health or safety hazard; H. A violation of any of the terms or conditions of a use permit granted by the City of Newport Beach; 2 A violation of any provision of the Newport Beach Municipal Code; The parking or storage of any vehicle in the required front yard setback on private property other than in a garage, carport or paved driveway leading to the garage or carport; K. Repetitive, boisterous or unruly conduct by the owner or occupants of the property that occurs on the property when that conduct (1) is offensive to a person of ordinary sensibility; (2) continues after a written or oral request to terminate the conduct; (3) is offensive to a considerable number of people; and (4) in the opinion of the enforcement officer, results in any of the impacts described in Section 10.50.010. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 13th day of December , 2005, and adopted on the 10thday of January , 2006, by the following vote, to wit: AYES, COUNCILMEMBERS Heffernan, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None MAYOR ATTEST: CITY CLERK F:\userstat\shared\OrdinancekPublicNuisAbatement\01.04.06.doc 101 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2005 -22 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of January 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of January 2006. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2005 -22 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 14, 2006. In witness whereof, I have hereunto subscribed my name this l day of 2006. City Clerk City of Newport Beach, California